Executive Summary: In a 3-1 decision, the National Labor Relations Board recently ruled that employers may prohibit nonemployee union representatives from soliciting or promoting union membership within common areas of an employer’s business – such as public restaurants and cafeterias – as long as the employer does so in a non-discriminatory manner. See UPMC Presbyterian Shadyside, et al, Case 06-CA-102465 (June 14, 2019). This decision provides employers with greater control over the use of their facilities. Continue reading “NLRB Gives Employers Greater Control Over Their Public Spaces”
You may recall that San Antonio, Dallas and Austin have enacted ordinances requiring employers to provide employees with paid sick leave. We thought that the Texas legislature was going to enact a law prohibiting such local ordinances. Bad news, the Texas legislative session closed with the Bill still stuck in committee. This means that the paid sick leave ordinances in San Antonio and Dallas are scheduled to take effect on August 1, 2019. Absent a Special Session, there is no other procedural method to revive the Bill, and the Texas Legislature will not have an opportunity to address the sick leave preemption issue until the next session in January 2021.
A court may intervene and enjoin one of more of the ordinances, but it would have to move quickly, with the San Antonio and Dallas ordinances are slated to take effect on August 1, 2019. There is currently an injunction in place preventing the enforcement of the Austin ordinance. The City of Austin has appealed to the Texas Supreme Court, where even if the court decides to review the appeal, a final decision is still months away. Continue reading “Bad News, It Looks Like At Least Two of Texas’ Paid Sick Leave Ordinances Are About to Go Into Effect”
The SSA resumed the practice of issuing Employer Correction Request Notices (AKA “no-match letters”) late last year. These letters notify an employer when the information submitted on an employee’s W-2, such as the SSN, does not match the SSA’s records. Receipt of a no-match letter should trigger an employer to take a number of actions and, just as importantly, to refrain from doing certain things.
I am currently assisting several clients work through the process of dealing with one or more no-match letters. The process is not extremely complicated, but there are several points at which an employer can create liability for themselves. The Department of Justice has provided us with a handy list of Dos and Don’ts to use in this process. Continue reading “What Should You Do If You Receive an SSA “No-Match” Letter”
This past Monday the U.S. Supreme Court held in Fort Bend County v. Davis that the filing of a Charge with the EEOC, or a similar state deferral agency, is not a jurisdictional prescription to the filing of a lawsuit under Title VII.
This does not mean that a plaintiff does not need to file a Charge before filing suit. Rather, it means that if a plaintiff fails to do so, the defendant must object to this failure in a timely manner. In the past, defendants could argue that the failure to file a Charge was a jurisdictional prerequisite to filing suit at any time during the litigation and ask that the Title VII claims be thrown out. Continue reading “Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional”
Most of you have probably received pre-litigation letters from attorneys claiming to represent a former employee who believes that you have done them wrong. The letters traditionally demand that you pay up or get sued. Quite often these letters end up in the circular, metal container near your desk. Sometimes the former employees actually sue, most of the time they go away. Unfortunately, some enterprising plaintiff’s attorneys in Texas are using the tendency of most employers to ignore these letters as a way to void otherwise enforceable arbitration agreements. Continue reading “Don’t Ignore Pre-Litigation Demands That Mention Arbitration”
On April 25, 2019, a U.S. District Court for the District of Columbia ruled that employers who are required to file EEO-1 reports must submit Component 2 pay data for calendar years 2017 and 2018 by September 30, 2019. (This generally applies to EEO-1 filers with 100 or more employees; both in the private industry and federal contractors and subcontractors.) You may recall that the OMB initially approved pay data collection, and then stayed its permission, in 2017. Advocacy groups filed suit in the D.C. Circuit court to vacate the OMB’s self-imposed stay, which the Court granted in April. Continue reading “Employers Should Prepare to Submit Their Component 2 Pay Data By September 30, 2019”
For those of you with employees in Dallas, Texas, this bit of news is for you. Last month Dallas passed an ordinance requiring private employers with employees who perform at least 80 hours of work in a year in Dallas to provide paid sick leave to their workers. The new ordinance goes into effect August 1, 2019, for employers with more than five employees. The ordinance will impact employers of five or fewer employees on August 1, 2021. Dallas joins Austin and San Antonio in implementing paid sick leave ordinances in Texas. Continue reading “Dallas Follows Austin and San Antonio and Implements a Paid Sick Leave Ordinance”